Twingio Terms of Service

Last updated January 16, 2016

These Terms of Service is a contract between you and us, Nudge Press LLC, the owner of the Twingio service.

These are the legally binding terms for your use of and access to Twingio whether or not you have signed up for the service. If you don't agree to these terms or the privacy statement, you have no right to use or access the Twingio service.

By accessing or using Twingio, or by downloading or posting any content from or on Twingio, you are indicating that you have read, understand, and agree to be bound by these Terms of Service, and that you agree to the privacy statement.

Your eligibility to use Twingio

To access certain features of Twingio, you must create a Twingio account. During account creation, you must provide info including your email and password.

We will not knowingly collect any information from, or sell to, children under the age of 13 through Twingio. If you are a parent or guardian who has discovered that your under-13-year-old child is using Twingio without your permission or consent, you may close their account using their sign-in information, or we will remove their account at your request. To request the removal of your child's information, please email your concern and their sign-in information (email, name, and password) to coppa@twingio.com.

In compliance with export laws, you may not sign up for, or allow others to sign up for Twingio in any countries embargoed by the United States of America, nor if you are listed on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

If you do not have a Twingio account, you may browse all areas of Twingio that are not limited to parts of the site restricted to those who have Twingio accounts.

Security and privacy

The combination of your email and password grant access to your account. If you disclose your password to anybody, you are responsible for anything they might do with or in your account, whether or not you authorized them to do so. We aren't liable for any damages or losses caused by someone using your account without your permission.

Content

Content you provide includes any information you add to Twingio, including, for example, the text and sensation records you create through Twingio and any feedback entered through feedback tools. Excluding the content you provide, all other content, such as text, data, graphics, images, illustrations, forms, look and feel attributes, Nudge Press LLC trademarks and logos, technology, code, and any other content made available, belongs to us.

We welcome and encourage you to provide feedback, including comments, requests, and suggestions for improvements to Twingio. You acknowledge and agree that when you send it, all feedback becomes our sole and exclusive property, and you irrevocably assign to us all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

The content belonging to Nudge Press LLC is protected by copyright and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, we exclusively own all right, title and interest in and to its content, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Twingio.

When the Twingio content includes links to other sites, we make no warranty about and are not liable for those other sites. Those links do not imply any endorsement of Nudge Press LLC or Twingio, nor does it endorse whatever is available on the linked-to site. When you follow links from Twingio, you assume all risk arising from your use of those links.

Your use of Twingio

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, use, view, download, and print, where applicable, the Twingio content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Twingio content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights we own or control, except for the licenses and rights expressly granted in these Terms of Service.

You agree not to do, and to not encourage anyone else to do any of the following with the Twingio service or with content provided by Twingio:

Provide any content that violates others' rights, that violates law, that is intended to mislead or deceive others, that is defamatory, that promotes discrimination against or harassment of an individual or group, that is violent or promotes or threatens violence, or that promotes or provides instruction about harmful or illegal activities;

Use, display, mirror, frame or utilize framing techniques to display or access Twingio or Twingio content on other websites or other experiences;

Seek to access or use or reverse engineer our computer systems, or the means by which the Twingio service is provided;

Attempt to find vulnerabilities of any of our systems or networks, attempt to breach any of our security or authentication measures, or interfere with the administration or use of our systems or networks;

Circumvent any method of protection we implement for Twingio and provided content;

Send spam or deceptive messages to us or anyone else;

Use our product name, logo, or trademark, whether in metadata or in human-readable text, without our express written consent;

Use Twingio in any way, or for any purpose, not permitted by these Terms of Service;

Impersonate another person or misrepresent your affiliation;

Violate applicable law or regulation.

We reserve the right to remove any person's account or content that we consider to be in violation of these Terms of Service, or otherwise harmful to the Twingio service.

We will have the right to investigate and prosecute any violations of any of the above, and may notify or otherwise involve relevant law enforcement authorities to do so. In such cases, Nudge Press LLC, law enforcement, and those involved in legal processes may access and use any of the content you have provided in Twingio.

We have no obligation to monitor access to or use of Twingio, but have the right to do so in order to operate Twingio and ensure compliance with these Terms of Service.

Removing your Twingio account

We may remove any person's Twingio account or refuse to provide access to Twingio, at any time and for any reason.

You may remove your Twingio account at any time and for any reason. If you decide to delete your account, you can choose to delete all your records from the database, or to allow us to keep the records and remove your identifying information, so that the de-identified records may be made available to researchers and no longer be linked to you. When removed, whether the records are deleted or de-identified, content you provided will no longer be accessible to you.

When your account is removed, all licenses and other rights granted to you by these Terms of Service will immediately cease. We will have no obligation to maintain any content you provided or to forward any information to you or any third party.

Account removal or suspension will not affect your obligations to us under these Terms of Service, including our proprietary rights and limitation of liability.

It might not work

Twingio is provided "as is", without warranty of any kind, either express or implied. We explicitly disclaim any warranties that Twingio will work for what you want it for, or that it will be reliable or error-free, or that it will be available at any specific time, in any locale, on a continuous basis. No advice or advertising from us will create any warranty not expressly made in these Terms of Service.

Use at your own risk

The entire risk of your access and use of Twingio remains with you. Nudge Press LLC and any parties involved with the delivery of Twingio will be liable for any damages, losses, or expenses you may incur through your use of Twingio. In no event will our total, aggregate liability arising out of or in connection with these Terms of Service, or from the use or inability to use Twingio exceed $10 USD, unless you're in a jurisdiction that doesn't allow such a limit.

Twingio doesn't provide medical or health advice. Based on the data you enter, it may reflect that data back to you in a variety of ways, like in pictures, animations, graphs, or numbers. We hope that you can use the data to your own benefit, but we can't tell you how. This service is not a substitute for consulting with a health professional.

You understand that by using Twingio, you may encounter content that may be deemed offensive, indecent, or objectionable, including having explicit language, or as a member of search results or entering a URL which may automatically and unintentionally generate links or references to objectionable material. You agree to use the Twingio service at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

You agree to defend, indemnify, and hold Nudge Press LLC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of Twingio, or your violation of these Terms of Service.

Modification

We reserve the right, at our sole discretion, to change or retire Twingio, and to modify these Terms of Service, at any time and without prior notice.

If we make changes to these Terms of Service, the change will be posted on Twingio. By continuing to access or use Twingio after a new version of these Terms of Service is posted, or after an email notifying you of the change has been sent, you are indicating your agreement to be bound by the changed Terms of Service. If the changed Terms of Service are not acceptable to you, your recourse is to stop using or accessing Twingio.

You consent to electronic means to complete these Terms of Service, to receive any required or permitted notifications or communications, and to store information related to these Terms of Service or your use of Twingio.

About this agreement

These Terms of Service are governed by the laws of the State of Washington. Should any legal action be taken with respect to these Terms of Service, the action must be filed within one year after the event that provides the material for such an action, or the action will be dismissed. The exclusive jurisdiction and venue will be the courts having jurisdiction over disputes arising in King County, Washington, and you waive any objection to jurisdiction and venue in such courts.

These Terms of Service constitute the entire and exclusive understanding and agreement between you and Nudge Press LLC regarding Twingio, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between you and either Nudge Press LLC or Torrey Podmajersky regarding Twingio. You may not assign or transfer these Terms of Service. We may freely assign these Terms of Service.

If we fail to enforce any right or provision of these Terms, that failure does not waive our right to enforce that right or provision in the future. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nudge Press LLC. If any term in this document is found, in an appropriate court of law, to be invalid or unenforceable, that term will be enforced to the maximum extent permitted, and the other terms will remain in full force and effect.

Contact Nudge Press LLC

If you have any questions about these Terms of Service, please contact us at terms@twingio.com.